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ARTICLE 7 INDEPENDENT CONTRACTOR
<br />7.1. It is specifically acknowledged and agreed by the parties hereto that the Applicant is and
<br />shall be, in the performance of all activities under this Agreement, an independent contractor,
<br />and not an employee, agent, or servant of the County. All persons engaged in any of the
<br />activities or services performed pursuant to this Agreement shall at all times, and in all places,
<br />be subject to the Applicant's sole direction, supervision, and control, and in all respects the
<br />Applicant's relationship and the relationship of its employees to the County shall be that of an
<br />independent contractor performing solely under the terms of this Agreement and not as
<br />employees, agents, or servants of the County.
<br />ARTICLE 8 PUBLIC ENTITY CRIMES; DISCLOSURE OF RELATIONSHIPS
<br />8.1. Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that
<br />a person or affiliate who has been placed on the convicted vendor list following a conviction
<br />for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any
<br />goods or services to a public entity (defined as the State of Florida, any of its departments
<br />or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a
<br />contract with a public entity for the construction or repair of a public building or public work;
<br />may not submit bids, proposals, or replies on leases of real property to a public entity; may
<br />not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
<br />a contract with any public entity; and may not transact business with any public entity in
<br />excess of the threshold amount provided in Florida Statutes Section 287.017 for
<br />CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being
<br />placed on the convicted vendor list. A "public entity crime" means a violation of any state or
<br />federal law by a person with respect to and directly related to the transaction of business
<br />with any public entity or with an agency or political subdivision of any other state or with the
<br />United States, including, but not limited to, any bid, proposal, reply, or contract for goods or
<br />services, any lease for real property, or any contract for the construction or repair of a public
<br />building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering,
<br />conspiracy, or material misrepresentation.
<br />8.2. Pursuant to Section 105.08 of The Code of Indian River County, prior to signing this
<br />Agreement, the Applicant shall complete and return a duly notarized "Disclosure of
<br />Relationships" in the form set forth on Exhibit "B" attached hereto and made a part hereof.
<br />ARTICLE 9 REMEDIES; NO ASSIGNMENT
<br />9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes
<br />section 125.379 for the construction of permanent affordable rental housing. Accordingly, the
<br />parties acknowledge and agree that the County's remedy for breach of this Agreement by
<br />Applicant shall be as follows:
<br />(a) Any use of any Lot and/or any Property by Applicant in violation of this Agreement
<br />shall result in reversion of the Lot and whatever that has been built on this lot to the County and
<br />Applicant shall, immediately upon request of County, execute and record a Quitclaim Deed
<br />conveying such Lot to the County;
<br />(b) Any other default by Applicant under this Agreement that remains uncured for 30 days
<br />following notice thereof from the County to the Applicant shall be cause for the County to declare
<br />this Agreement in default and, thereafter, the Applicant shall be removed from the lists of: (i)
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